No, Shireen Yu are right in all your assertions. They are surely needed. I had, and have been raising these and many more issues during consultations, in the meeting of legal experts in Vigyan bhavan in April 2012 which I had, kind of gatecrashed, and on other platforms. However most of them have been in and out of draft several times and do not find a place in the tabled bill. Some like disability certificate being valid across India, even recognized educational institutions being required to be inclusive, etc. have been included thanks to agitation, but many others have gone into limbo. As a thinker, and rare activist, I am disappointed with the present bill and do think that it is hardly better than existing act...
-----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Shireen Irani Sent: Monday, February 10, 2014 5:04 PM To: AccessIndia: a list for discussing accessibility and issues concerning the disabled. Subject: Re: [AI] Fw: Proposed amendments to the Rights of Persons with Disabilities Bill 2014 what about redresal of grieviances?? is it possible to add something which can take care of action taken against institutions, public transport, etc, in case of any form of harrasment or inconveniences caused during the use of public fascilities?? i'm saying this, keeping in mind the several complaints of miss-behaviour experienced by so many on this list itself, in the past year, by bus conductors, and railway employees who refused to give concession on several accounts, and college heads who refused to recruit people. it would be nice, if there's somehow a concrete committee that would look into these matters, and, more importantly, a deadline fixed for action taken in these regards. secondly, also with respect to the equal treetment of disabled women, in cases of police complaints against sexual wiolance. especially for mentally disabled women to be taken seriously in these matters. please ignore if these comments are already taken care of, in some other legal provisions, or, if my suggestions sound naive. thanx. On 2/10/14, Kanchan Pamnani <kanchanpamn...@gmail.com> wrote: > Proposed amendments to the RPwD Bill, 2014 > > S.No. > > Proposed clause by the Ministry > > 1 > Clause 2 (q)- > > > > > 'Persons with disability' means a person with long term physical , > mental, intellectual, or sensory impairment which in interaction with > barriers in the environment , hinder his/her full and effective > participation in society on an equal basis with others > > 2 > Clause 2 (j)- > > > > > High support ' means an intensive support, physical, psychological and > otherwise, which may be required by a person with benchmark disability > for daily activities, > > to take independent and informed decision, to access facilities and > participating in all areas of life including education, employment , family > and community life and treatment and therapy > > 3 > Clause 2 (v)- > > > > > 'Rehabilitation' refers to a process aimed at enabling person with > disabilities to attain and maintain optimal physical, sensory, > intellectual, psychological, or social function levels > > 4 > Clause 12- Legal Capacity > New sub-clause to be added:- > > > > 12 (1) The appropriate Government shall ensure that the persons with > disabilities enjoy legal capacity on an equal basis with others in all > aspects of life and have the right to equal recognition everywhere as any > other person before the law. > > 5. > Clause 13 - Provision for guardianship > > > 1. Notwithstanding anything contained in any other law for the time > being in force, on and from the date of commencement of this act, where a > district court or any designated authority, as notified by the State > Government , finds that a person > > with disability, who had been provided adequate and appropriate > support but is unable to take legally binding decisions, > > S.No. > > Proposed clause by the Ministry > > > > may be provided further support of a limited guardian to take legally > binding decisions on his/her behalf in consultation with such person, in > such manner, as may be prescribed by the State Government . > > > > Explanation - For the purposes of this section - > > > > (i) limited guardianship" means a system of joint decision which > operates on mutual understanding and trust between the guardian and the > person with disability. The limited guardianship would be time limited and > for specific decisions and situations and would work in accordance to the > will of the person: > > > > Provided that the District Court or any > > other designated authority may grant > > total support to the person with > > disability requiring such support or > > when the limited guardianship has to > > be granted repeatedly . The decision > > regarding the support to be provided > > would be reviewed by the designated > > authority to determine the nature and > > manner of support to be provided. > > > > > > (2). On and from the date of commencement of this Act, every plenary > guardian appointed under any provision of any law for persons with > disabilities shall be deemed to function as limited guardian. > > > > (3) The person with disability shall have the right to appeal this > decision of appointment of a legal guardian before an appellate authority as > appointed by the State Government for the purpose. > > > > > > > > S.No > > Proposed clause by the Ministry > > > > 6. > Clause 2 > > > > > (a) "appellate authority " means an authority notified under > sub-section (3) of section 13, sub section (1) of section 52 and > sub-section (1) of section 58, as the case may be; > > 7 > Clause 57- Procedure for certification > > > > (1) Any person with specified > > disability, may apply, in such manner as may prescribed by the Central > Government, to a certifying authority having jurisdiction, for issuing of a > certificate of disability. > > > > (2) On receipt of an application under sub-section (1) , the > certifying authority shall assess the disability of the concerned person in > accordance with relevant guidelines notified under section 55, and shall, > after such assessment, as the case may be- > > > > (a) issue a certificate of disability to such person, in such > form as may be prescribed by the Central Government; > > (b) inform him in writing that he has no specified > disability. > > > > > New sub clause to be added:- > > (3)The certificate so issued will be valid across the country > > 8. > Clause 3 (3) - Equality and non - discrimination > > No person with disability shall be discriminated on the ground of > disability, unless it is shown that the impugned act or omission is > appropriate to achieve a legitimate aim. > > > > > No person with disability shall be discriminated on the ground of > disability, unless it is shown that the impugned act or omission is a > proportionate means of achieving a legitimate aim. > > > > New sub clause to be added:- > > 3 (5) The appropriate Government shall take necessary steps to ensure > reasonable accommodation for persons with disabilities. > > > > > > S.No. > > Proposed clause by the Ministry > > 9. > Clause 15- Duty of educational institutions > > > > The appropriate Government and the local authorities shall endeavour > that all educational institutions funded by them provide inclusive > education to the children with disabilities and towards that end shall,- > > > > > > > > (i) admit them without discrimatination > > and provide education and > > opportunities for sports and > > recreation activities equally with > > others; > > (ii) make building, campus and various > > facilities accessible; > > (iii) provide reasonable accommodation > > according to the individual's > > requirements; > > (iv) provide necessary support > > individualized or otherwise in > > environments that maximize > > academic and social development > > consistent with the goal of full > > inclusion; > > (v) ensure that the education to persons > > who are blind or deaf or both is > > imparted in the most appropriate > > languages and modes and means of > > communication; > > (vi) detect specific learning disabilities > > in children at the earliest, and take > > suitable pedagogical and other > > measures to overcome them; > > (vii) monitor participation, progress in > > terms of attainment levels and > > completion of education in respect of > > every student with disability; > > (viii) provide transportation facilities to > > the children with disability and also > > the attendant of the children with > > disabilities having high support > > needs. > > > > > > > The appropriate Government and the local authorities shall endeavour > that all educational institutions funded or recognized by them provide > inclusive education to children with disabilities and towards the end shall > ,- > > (i) admit them without discrimination and > > provide education and opportunities for > > sports and recreation activities equally > > with others; > > (iii) make building , campus and various facilities > accessible; > > (iii) provide reasonable accommodation according to the > individual's requirements; > > (iv) provide necessary support individualized or otherwise in > environments that maximize academic and social development consistent with > the goal of full inclusion; > > (v) ensure that the education to persons who are blind or deaf or > both is imparted in the most appropriate languages and modes and means of > communication; > > (vi) detect specific learning disabilities in children at the > earliest, and take suitable pedagogical and other measures to overcome > them; > > (vii) monitor participation, progress in terms of attainment levels > and completion of education in respect of every student with disability; > > (viii) provide transportation facilities to the children with > disability and also the attendant of the children with disabilities having > high support > > needs. > > > > > > S.No. > > Proposed clause by the Ministry > > 10. > Clause 32-Identification of post for reservation > > > The appropriate Government shall- > > > > (i) identify posts in the establishment which can be > held by respective category of benchmark disabilities in respect of the > vacancies reserved in terms of section > > 33; > > > > (ii) constitute an expert committee with > > adequate representation of persons with benchmark disabilities for > identification of such posts; > > > > (iii) undertake periodic review of the identified posts at an > interval not exceeding three years. > > > > 11. > Clause33-Reservation > > > > > (1) Every appropriate Government shall > > appoint in every establishment under them, not less than five percent > of the total number of vacancies in the cadre strength in each group of > posts meant to be filled with persons with benchmark disabilities of which, > one percent each shall be reserved for persons with following benchmark > disabilities,- > > > > (a) blindness and low vision; > > (b) hearing impairment and speech impairment; > > > > (c) locomotor disability including cerebral palsy, leprosy cured > and muscular dystrophy; > > (d) autism, intellectual disability and mental illness; > > (e) multiple disabilities from amongst persons under > clauses (a) to (d) including deaf blindness in posts identified > for each disabilities: > > > > Provided that the National Commission or the State Commission for > persons with > > > > S.No. > > Proposed clause by the Ministry > > > > disabilities, as the case may be, may, having regard to the duties and > functions of a particular posts in any establishment, exempt the recruitment > to such post by notification from the purview of this section. > > > > > > > > > > (3)The appropriate Government shall, by notification, provide > relaxation of upper age limit for employment of persons with benchmark > disability in accordance with the instructions issued by that Government > from time to time. > > 12. > Clause 76- Removal of Chairperson and Members > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > (c) is of unsound mind and stands so declared by a competent court, > or > > > > 13. > Clause 89-Removal of Chairperson and Members. > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > S.No. > > Proposed clause by the Ministry > > > > > > (d) is of unsound mind and stands so declared by a competent court, > or > > > > > > > > 14. > Clause 114.Power of Central Government to make rules. > New sub clause may be added:- > > (2)(b) the manner of providing support of limited guardian under > sub-section (1) of section 13. > > > > > > > > 15. > S.No. 1 of the Schedule > > > > > "Autism Spectrum Disorder" means a neuro-developmental condition > typically appearing in the first three years of life that significantly > affects a person's ability to communicate, understand relationships and > relate > > to others, and is frequently > > associated with unusual or > > stereotypical rituals or behaviours. > > > > 15. > S.No. 11 of the Schedule > > > The definition of low vision to be notified by the Central > Government. > > > > > > 16. > Clause 39. > > > The National Commission shall, formulate and enforce > regulations for the persons with disabilities laying down the standards of > accessibility for the physical environment, transportation, information and > communications, including appropriate technologies and systems, and other > facilities and services provided to the public in urban and rural areas. > > > > > > > > > > Kanchan Pamnani > Advocate & Solicitor > 9, Suleman Chambers, > Battery Street, Colaba, > Mumbai - 400 039. > > > Time to meet up again! > Register for AccessIndia Convention 2014: > http://accessindia.org.in/harish/convention.htm > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. 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